Home Alimony & Support What factors are reviewed in deciding an alimony claim?
What factors are reviewed in deciding an alimony claim? PDF Print E-mail
Written by Karen B. Hall   
Wednesday, 21 January 2009 20:20

To determine whether the granting of an order for payment of support and maintenance to a party is appropriate, and in determining the nature, amount, length of term and manner of payment, the Court shall consider all relevant factors, including:

(1)  The relative earning capacity, obligations, needs and financial resources of each party, including income from pension, profit sharing or retirement plans and other sources;

(2)  The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party's earning capacity to a reasonable level;

(3)  The duration of the marriage;

(4)  The age and mental condition of each party;

(5)  The physical condition of each party; including, but not limited to, physical disability or incapacity due to a chronic debilitating disease;

(6)  The extent to which it would be undesirable for a party to seek employment outside the home because such party will be custodian of a minor child of the marriage;

(7)  The separate assets of each party, both real and personal, tangible and intangible;

(8)  The provisions made with regard to the marital property as defined by statute;

(9)  The standard of living of the parties established during the marriage;

(10) The extent to which each party has made such tangible and intangible contributions to the marriage as monetary and homemaker contributions and tangible and intangible contributions by a party to the education, training or increased earning power of the other party;

(11)  The relative fault of the parties in cases where the court, in its discretion, deems it appropriate to do so; and

(12)  Such other factors, including the tax consequences to each party, as are necessary to consider the equities of the parties.

Tenn. Code Ann. section 36-5-121. 

 
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